If you have been the victim of medical malpractice, a medical malpractice lawyer Charlottesville VA residents trust may be able to recover financial compensation for the damages you have suffered. The law firm of MartinWren, P.C. has successfully represented many clients who have suffered from medical malpractice. Our experienced attorneys are dedicated to helping victims receive the maximum possible for compensatory damages.
The skilled attorneys at MartinWren, P.C. are available to meet with you for an initial case evaluation free of charge. Contact our office today for more details. Prior to your case review with a medical malpractice lawyer Charlottesville VA residents rely on, you may find the following information helpful.
What is considered medical malpractice?
As a medical malpractice lawyer Charlottesville VA victims depend on may explain, medical negligence occurs when a medical professional either acts or fails to act in a way that does not meet an acceptable level of medical care. When this act of negligence causes injury or illness to a patient, this may qualify as medical malpractice.
A Charlottesville medical malpractice lawyer knows that medical practitioners are expected to provide treatment to their patients that “meet a medical standard of care.” This is usually understood to be a level of care that a healthcare professional would provide under most circumstances. If the health care professional provides substandard or unorthodox care, the provider has failed to uphold this standard and is considered negligent. However, if the patient is not injured or harmed in any way, then it is not considered medical malpractice. A medical malpractice lawyer Charlottesville VA victims turn to for legal guidance may review your case and determine if you have grounds for a lawsuit.
What is considered negligence?
A doctor, surgeon, nurse, or other healthcare provider is expected to act in ways that will be of benefit to the patient without causing harm. A medical malpractice lawyer Charlottesville VA has to offer is familiar with different examples of medical negligence and how negligence may expose patients to potential harm. These examples include:
- Knowingly prescribing medications that are likely to worsen the patient’s condition;
- Not performing a necessary medical act or treatment which then puts the patient’s health at great risk; or
- Mis-performing a medical treatment that puts the patient’s health at risk.
When Negligence Becomes Malpractice
Medical negligence may become medical malpractice when the patient is injured in some way. A medical malpractice lawyer Charlottesville VA residents believe in may be able to recover compensatory damages on your behalf. For a malpractice lawsuit to be deemed valid, four conditions must be met:
- Duty of care. A doctor owes his or her patient an expected duty of care. This means they must follow accepted levels of medical care and act as other doctors would under the same circumstances.
- Breach of duty. The doctor must exercise reasonable care in his or her treatment of the patient in accordance to established procedures.
- Injury to the patient. As a result of the doctor’s breach of duty, the patient is harmed in some way that otherwise would not have happened.
- Damages are suffered. The victim’s injury results in damages which may or may not be monetary.
Common examples of malpractice include:
- Causing the patient’s condition to worsen because of a doctor’s negligent care
- The patient must undergo additional medical attention because of a healthcare professional’s negligent behavior
- Unanticipated complications develop as a result of a negligent action
- Removing the wrong body part during surgery
A Charlottesville VA medical malpractice lawyer realizes that when a patient is the victim of medical malpractice, they physical, emotional, and financial damages may feel overwhelming. Some of the damages that a medical malpractice lawyer Charlottesville VA victims rely on can seek for their clients include:
- Medical expenses for past treatment, as well as the cost of future medical treatment which may be needed.
- Loss wages from being unable to work, as well as loss of future earning capacity if the injury or illness sustained will leave the victim unable to perform their job.
- Damages for pain and suffering the victim has endured because of the injury.
- Loss of enjoyment of life if the injury or illness has left the victim limited or unable to do the everyday life activities he or she was able to do before the malpractice occurred.
A medical malpractice lawyer in Charlottesville VA can also explain to you how the state of Virginia has placed a cap on medical malpractice claims. The damages are set based on the year, with a gradual increase for each year. One critical note regarding medical malpractice is that Virginia also has a statute of limitations on how long a victim has to file. You only have two years from the date the injury occurred to file your claim.
There are some exceptions to that two-year rule. For example, if a surgeon left a foreign object behind during surgery, but that object was not discovered until months later because the patient was having physical issues, the countdown would then begin on the date the object was discovered inside the patient.
Contact a Medical Malpractice Lawyer Charlottesville VA Offers Today
If you have undergone a medical procedure or treatment which has left you injured or sick, contact a medical malpractice lawyer in Charlottesville VA. The lawyers at MartinWren, P.C. offer free consultations at a time and location that is convenient for you. We will gladly meet with you at your home or at the hospital, even on nights and weekends. This enables you to meet with a seasoned medical malpractice lawyer Charlottesville VA clients trust for a free, no-obligation case evaluation, during which one of our lawyers can review your case and offer a qualified opinion.
Contact a medical malpractice lawyer Charlottesville VA victims are grateful to have on their side.
Medical Malpractice FAQ: I underwent a surgical procedure recently and the doctor failed to explain the risks to me. Now, I’m in pain. Can I file a lawsuit for medical malpractice?
Each medical malpractice lawyer in Charlottesville VA at MartinWren, P.C. regularly receives inquiries from prospective clients who are interested in whether or not they can file a medical malpractice lawsuit after undergoing a procedure which, they believe, they were not informed about in an adequate manner.
As a general rule of thumb, all potential medical malpractice cases are inherently unique. Before assuming you do, or do not, have a case, you should consult a Charlottesville VA medical malpractice lawyer as soon as possible.
Can You File a Medical Malpractice Lawsuit if the Risks Were Not Explained to You?
According to the law, and medical ethics, a doctor has a duty to inform their patients about the potential risks of a proposed treatment. This duty is called informed consent. If you have not given your consent, nor has a loved one in the event of your incapacitation, and an injury results, it may be possible to file a medical malpractice lawsuit.
What is Informed Consent?
It is safe to say that nearly every form of medical procedure and treatment carries a risk; however, these risks may not necessarily be equal. It is up to the doctor to explain these risks, regardless of how small they may be, so the patient can make an informed decision about whether they wish to proceed. Informed consent on the part of the doctor should include what the treatment or procedure involves, the possible outcome, potential complications and risks, and also whether there could be side effects.
Has your doctor failed to discuss a medical treatment or procedure with you? Did you become injured as a result? Call a Charlottesville VA medical malpractice lawyer from MartinWren, P.C.
Typically you will be asked to sign a consent form which explains everything that the doctor has discussed with you. This form does not necessarily mean that you have agreed to the medical treatment or procedure. Rather it is meant to verify that you had the opportunity to discuss what is being recommended and ask questions.
If your doctor did not conduct the above, and you believe that you would not have undergone the medical treatment or procedure had you known about the risks, it may be medical malpractice. Determining whether this is true can be very complicated and will almost certainly require the assistance of a medical malpractice lawyer in Charlottesville VA. It should be noted that there are times in which your consent is not needed; for example, in an emergency situation that could be considered life or death.
MartinWren, P.C.: A Charlottesville VA Medical Malpractice Lawyer You Can Rely On for Sound Legal Advice
For decades our firm has been fighting for victims who were injured by negligent medical professionals or clinics. Guided by experience, strategy, and determination, we have successfully won millions in damages.
If you did not give you informed consent for a medical procedure and an injury occurred, please call MartinWren, P.C. to talk with a medical malpractice lawyer Charlottesville VA clients recommend.